U.S. Court of Appeals for the Federal Circuit in Washington, D.C. Photo: Diego M. Radzinschi/ALM
The U.S. Court of Appeals for the D.C. Circuit on Thursday granted the Justice Department’s emergency request to keep former NCUA Board Members Todd Harper and Tanya Otsuka off the board while their case is under appeal.
The decision dissolved a temporary administrative stay issued in July and replaced it with a formal stay pending appeal, meaning Harper and Otsuka remain removed until the court resolves the broader question of whether the president has the authority to dismiss NCUA Board members at will.
In its per curiam order, the panel wrote that the government had satisfied the “stringent requirements” for a stay, citing the Supreme Court’s Nken v. Holder precedent. The ruling emphasized that while the case proceeds, the administration’s actions stand.
The appeals court also placed the case on an expedited schedule, requiring the government to file its opening brief by Sept. 12, 2025. Harper and Otsuka must respond by Oct. 3, and the government’s reply is due Oct. 17. Oral arguments will be set for the earliest available date after briefing concludes.
In addition, the panel limited future filings, directing both parties to present all arguments in their briefs and to avoid unnecessary acronyms in order to ensure clarity in the expedited review.
The order left unresolved the larger constitutional issue at the center of the case: Whether Congress can insulate independent agency officials, such as NCUA Board members, from at-will removal by the president. Until that decision is made, Harper and Otsuka remain off the board, leaving Chairman Kyle Hauptman as the only confirmed member.
© Arc, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to TMSalesOperations@arc-network.com. For more information visit Asset & Logo Licensing.